GAO Storage Study Request

Dear Mr. Frazier:
At our request, the Commission staff is in the process of assembling information on the costs and financing of the US program to manage used fuel and high-level nuclear wastes. To assist in the completion of this effort, it would be most helpful if the Department could provide the information listed int the attachment.
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At the request of the staff to the Blue Ribbon Commission on America’s Nuclear Future (“BRC”), we have reviewed whether certain recommendations in the BRC’s July 29, 2011 Draft Report respecting near-term actions by the Department of Energy (“DOE”) or other officers or agencies in the Executive Branch can be implemented under existing law. These recommendations relate to:
(1) Initial steps to site, license and construct consolidated interim storage facilities for spent nuclear fuel (“spent fuel”);

At the request of the staff to the Blue Ribbon Commission on America’s Nuclear Future (“BRC”), we have reviewed the following questions:
1. Is there legal authority for DOE or any other entity to undertake to site a repository for “co-mingled” nuclear materials (i.e., civilian and defense spent nuclear fuel (SNF) and high-level radioactive waste (HLW)) at any site other than Yucca Mountain?

This Memorandum analyzes issues related to the Standard Contract between the U.S. Department of Energy (“DOE”) and the “utilities.” Beginning with a discussion of specific provisions of the Standard Contract, this Memorandum then analyzes the status of lawsuits involving the Standard Contract, reviews issues related to on-site storage of spent fuel and HLW, and assesses the prospects for modifying the current waste-disposal regime through Federal legislation or amendments to the Standard Contract.

This memo sets forth the Office of Standard Contract Management's current estimate of the US Government's liability in connection with the Government's partial breach of the "standard contracts" that it executed pursuant to the NWPA of 1982. The Office of Standard Contract Management estimates that liability, as of today and based on the analysis and qualifications set forth below, to be $15.4 billion.
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The American Nuclear Society (ANS) supports the safe, controlled, licensed, and regulated interim
storage of used nuclear fuel (UNF) (irradiated, spent fuel from a nuclear power reactor) until disposition
can be determined and completed. ANS supports the U.S. Nuclear Regulatory Commission’s (NRC’s)
determination that “spent fuel generated in any reactor can be stored safely and without significant
environmental impacts for at least 30 years beyond the licensed life for operation.

The nuclear energy industry is committed to legislative reform to create a sustainable, integrated program for federal government management of the Department of Energy’s (DOE) high-level radioactive waste and commercial used nuclear fuel.